WRITTEN QUESTION No. 2013/97 by John IVERSEN to the Commission. Poisonous sprays
Date: 1997-06-11
Institutions: European Parliament, IVERSEN
Subjects: Central America, environmental protection, export policy, health risk, marketing standard, pesticide, producer's liability, public health, third country, toxic substance

C 60/78

EN

Official Journal of the European Communities

25. 2. 98

Answer given by Mr Bangemann on behalf of the Commission

(25 June 1997)

Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of
motor  vehicles  and  their  trailers  as  last  amended  by  Directive  96/27/EC (1)  does  not  apply  to  used  vehicles.
Neither do Directive 74/150/EEC on the type-approval of tractors (2) nor Directive 92/61/EEC on type-approval
of two- or three-wheeled motor vehicles (3).

Used  vehicles  which  are  imported,  be  it  privately  or  on  a  commercial  basis,  therefore  do  not  have  to  be
type-approved. Such vehicles are usually single-approved (if the Member State has a single-approval scheme at
all)  to  be  allowed  entry  into  service  in  a  Member  State.  The  procedure  and  the  requirements  to  obtain
single-approval for a vehicle are not harmonized in the Community. Therefore Member States may regulate the
procedure  and  the  material  requirements  for  the  granting  of  single-approval.  The  only  requirements  set  in
advance  by  the  Community  to  be  fulfilled  also  by  such  vehicles  are  the  limit  values  concerning  noise  and
pollutant emissions.

Member States may, for the purpose of single-approval, request compliance with other Community directives
regulating  vehicle  parts  and  components,  although  these  directives  do  not  apply  to  single-approval  under
Community  law.  But  Member  States  may  also  have  requirements  different  from  those  laid  down  in  these
directives. It is up to the Member State to decide, whether a single vehicle fulfills the characteristics deemed to be
absolutely necessary to allow a vehicle to enter into service in this Member State.

Single approvals granted by a Member State are only valid in this Member State. If the vehicle is brought to
another Member State it has to undergo another single-approval there to be registered. The first Member State
may have granted exemptions from Community directives. If the second Member State is not prepared to also
grant such exemptions and therefore refuses to deliver single-approval, the rules of Articles 30 and 36 of the EC
Treaty apply. This means that the second Member State has to give reasons according to Article 36 EC treaty or
the  mandatory  requirements  developed  by  the  case  law  of  the  Court  of  justice  why  the  single  vehicle  is  not
accepted for entry into service in its territory.

(1)  OJ L 42, 23.2.1970.
OJ L 169, 8.7.1996.
(2)  OJ L 84, 28.3.1974.
(3)  OJ L 225, 10.8.1992.

(98/C 60/114)

WRITTEN QUESTION E-2013/97

by John Iversen (PSE) to the Commission

(11 June 1997)

Subject: Poisonous sprays

A major Danish concern, Cheminova, which manufactures poisonous sprays has been accused in recent weeks of
selling sprays that are not authorized in the EU to countries outside the Union. The sprays are used in Central
America where a Danish TV documentary has shown that agricultural workers are falling sick and dying from
the substances used.

Does  the  Commissioner  take  the  view  that  there  should  be  a  ban  on  exporting  poisonous  sprays  beyond  EU
borders when they are not authorized in the Union?

Does the Commissioner take the view that measures should be introduced to make the producer liable for the
effects that such substances may have on the environment and people?